Request for Proposals Issue Date:
September 18, 2014
RFP Number:
VCCS-HR-15-053
Title:
HR ONBOARDING AND OFF BOARDING SOLUTION
Commodity Code:
20851 – Human Resources Software Microcomputers 20952 – Human Resources Software Mainframe Computers
Issuing Agency:
Commonwealth of Virginia Virginia Community College System Purchasing Office - 16th Floor James Monroe Building 101 North 14th Street Richmond, VA 23219
Initial Period of Contract: Three (3) years from date of award with two (2) successive one (1) year renewal options (negotiable). Sealed Proposals will Be Received Until: October 14, 2014, 2:00 PM local time (EST) at issuing agency address above. Pre-Proposal Conference: No Pre-proposal Conference is scheduled. Any and all inquiries/questions regarding this solicitation must be directed only to: Anthony E. Cannion, VCCS Assistant Procurement Director, by the deadline of 5:00 PM September 24, 2014. Response to inquiries/questions will be issued in an Addendum, if needed, on or before October 1, 2014. Email:
[email protected]
Phone: (804) 819-4965
Fax: (804) 819-4764
IF PROPOSALS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE. IF PROPOSALS ARE HAND DELIVERED, DELIVER TO ISSUING AGENCY ADDRESS SHOWN ABOVE. In compliance with this request for proposals and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. Virginia Contractor License No. ______________
Class: _____________
Specialty Codes: ______________
Name and Address of Firm: ________________________________
Date: ________________________________
________________________________
By: ___________________________________
________________________________ ________________________________
Signature in Ink Name/Title: ______________________________
eVA Vendor ID or DUNS Number. _____________________
Telephone Number: ______________________
email: _____________________________________________ Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, Section 2.24343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.
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TABLE OF CONTENTS PAGE
Purpose
1
Background
1
Statement of Needs
1
Proposal Preparation and Submission Requirements
6
Evaluation and Award Criteria
9
Reporting and Delivery Instructions
10
Preproposal Conference
10
General Terms and Conditions
10
Special Terms and Conditions
18
Method of Payment
24
Pricing Schedule
24
Attachments
24
2
I.
PURPOSE The purpose of this Request for Proposals (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation with a qualified firm to provide the Virginia Community College System (VCCS), and the twenty-three (23) community colleges, a solution to manage the entire Human Resources onboarding and off boarding processes.
II. BACKGROUND The VCCS is comprised of a System Office and twenty-three comprehensive community colleges located throughout the Commonwealth of Virginia, serving nearly 65% of the in-state undergraduate students attending state supported institutions of higher education. The system operates forty (40) campuses and numerous off-campus-and outreach centers. Each community college is fully accredited by the Southern Association of Colleges, Commission on Colleges and Universities offering credit, noncredit instruction and distance education. The System Office provides administrative support to all twenty-three colleges. As part of the VCCS Human Resources Transformation process, a major goal is to reduce onboarding and off boarding costs including redundant and duplicative processes, paperwork, forms, and new employee orientation. In addition, a single robust onboarding solution will help reduce compliance risk by automating tasks and forms, accelerate new hire contribution and increase new hire engagement. The intent is to leverage a ‘software as a service’ (SaaS) based solution to move the entire onboarding and off boarding processes to a near paperless process, which will allow nonproductive, administrative tasks to be shifted toward customer service oriented, value-added, employee focused and more strategic and currently unmet tasks.. This solution will further our continuous improvement efforts by capitalizing on automation, including simplification and standardization targeted at talent acquisition and transition which are heavy transactional processes. III. STATEMENT OF NEEDS A.
SCOPE
The Scope of Service requires the Contractor to provide the Virginia Community College System and its twenty-three (23) Community Colleges with a web-based onboarding and off boarding platform and solution that is compatible with our current Human Resources Management System (HRMS), V9.0 PeopleSoft. The solution must provide improvements in data flow, efficiency, and accuracy of reporting in support of the Human Resources/Talent Management‘s recruitment of personnel. B.
MATERIALS
The Contractor shall provide all necessary resources including training, hosted servers, programming and development, report writing and any other items necessary to satisfy the requirements of the Statement of Needs/Scope of Services. Contractor shall provide the necessary components for implementation and management of a complete onboarding and off boarding solution system. C.
GENERAL REQUIREMENTS 3
The Contractor shall provide VCCS with the following, at a minimum, as an Onboarding and Off Boarding solution: 1.
A cloud-based SaaS solution that will allow both new and existing employees to access the system from anywhere and anytime.
2.
Contractor will manage the burden of securing and maintaining the hardware, software, and application.
3.
Capability to electronically onboard a new hire from the point of and inclusive of the written offer through complete orientation, to include employer branding and welcoming messages, training, surveys, feedback methodologies, and video-based communications necessary to successfully engage a new hire
4.
Capability to electronically & comprehensively off board a terminated employee.
5.
Robust automated task assignment and completion workflow capability, compliant and integrated with Microsoft Outlook email.
6.
Internal ability to create and customize automated assignment of tasks and submission of all forms as desired and required by the colleges, including employment, demographic information capture, benefits, policies, compensation, performance management, and rewards/recognition forms.
7.
Ability for the VCCS and colleges to customize unique offer letters, update forms, and create Eforms that can be shared amongst all colleges and the System Office.
8.
Ability to integrate with and access the Commonwealth of Virginia Department of Human Resource Management (DHRM) Knowledge Center training modules.
9.
Complete integration with the Department of Homeland Security's E-Verify system, including direct interface and submission of I-9 forms and identification documentation.
10. Internal ability to customize information for multiple and variable job classifications by new hires, job, the company, our culture and any other information we choose to display. 11. Ability for new hires to learn about their new team and connect with peers to find the resources they need to be productive on day one. 12. Ability to fill out all forms electronically to ensure completion and accuracy. 13. Capability to automatically send information to VCCS Human Resource system (HRMS, V9.0 PeopleSoft) of record, including e-signature with date/time stamp capability. 14. Licensing of software required to deliver the service. 15. Unlimited user accounts on the system for VCCS and its 23 community colleges employees and users as required, including creation of twenty-four (24) onboarding and off boarding portals, one for each college and one for the System Office. 16. Internal ability to make changes to workflows, portals and create e-forms. 4
17. Technical support via telephone and e-mail during business hours (8AM to 5:30PM EST M-F). 18. Installation and configuration of the “onboarding and off boarding system development” environment. 19. Import of existing employees/applicants from current HRMS system. 20. Ability to interface with VCCS HRMS system and other state benefit and compensation systems (Personnel Management Information /system (PMIS), Benefits Eligibility System (BES), Personnel Data Analysis System (PDAS), etc.) 21. Produce standard and customized reports as required. 22. Comply with privacy requirements and data security. 23. Provide for disaster recovery of data. 24. Secure remote access to the onboarding and off boarding system as required. 25. Provide record retention management/maintenance. 26. The Contractor will provide consultation to VCCS as to “Best Practices” to implement into the new system. 27. The Contractor shall develop an onboarding and off boarding solution, to include an implementation and training plan based on VCCS’s functional requirements. 28. The contractor will provide dedicated, consistent consultant and training resources to the VCCS and colleges to train and coach personnel as required, regarding system administration, user training, forms creation, customization and maintenance, functional training, report writing training, and training of talent management and information technology personnel. 29. VCCS will make HR/Talent Management personnel readily available for consultation and review of data and technical requirements as required by the Contractor. 30. Contractor shall perform software/ system installation and configuration in cooperation with VCCS. 31. Contractor shall create and execute a test plan that verifies all the requirements of the RFP to include system testing and user acceptance test (UAT). 32. Ability to integrate and directly interface with an applicant tracking system. D.
Qualifications and Experience
1. The contractor shall have extensive knowledge of providing onboarding and off boarding human resources solutions. 2. The contractor shall have direct experience in implementing, integrating and testing onboarding and off boarding system solutions.
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3. The contractor shall demonstrate sufficient human resources with the expertise to manage, coordinate, and implement the project objectives outlined in the RFP. 4. The contractor shall demonstrate the contractor’s financial stability. IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS A. GENERAL PROPOSAL PREPARATION 1.
Response: In order to be considered for selection, Offerors must submit a complete response to this RFP. Including BOTH paper and electronic submission to the issuing agency as follows: a. Paper submission (hard copies): i. One (1) original signed proposal including the RFP, signed coversheet, and signed acknowledgement of any addenda – marked as “ORIGINAL” ii.
Four (4) duplicate copies of above –each marked as “COPY”
iii. One (1) redacted copy (only if Offeror has invoked the protections of § 2.2-4342F of the Code of Virginia as in accordance section IV.A.2.a. of this RFP.) b. Electronic Submission with proposal (provide on CD-R or DVD-R) i. One (1) electronic copy of proposal in a text searchable format (either MS Word, or text searchable PDF) ii.
One (1) redacted electronic copy of proposal in a text searchable format (either MS Word, or text searchable PDF; only if Offeror has invoked the protections of § 2.2-4342F of the Code of Virginia as in accordance section IV.A.2.a. of this RFP.)
c. Faxed or electronically mailed responses will NOT be accepted and CANNOT be considered for award. 2.
Proposal Preparation: a. Ownership of all data, materials, and documentation originated and prepared for the VCCS pursuant to this solicitation shall belong exclusively to the VCCS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information in the original signed proposal and paper copies. Additionally, the 6
Offeror must submit a redacted copy of the proposal if invoking said protection. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and sub letter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. d. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume. 3.
Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.
B. SPECIFIC PROPOSAL INSTRUCTIONS Proposals should be as thorough and detailed as possible so that the VCCS may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal: 1.
RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.
2.
Completed Offeror (Vendor) Data Sheet, included as Attachment 1; Small Business Subcontracting Plan, included as Attachment 2; Virginia State Corporation Commission (SCC) Form, included as Attachment 3 and any other specific items or data requested in the RFP.
3.
A written narrative statement to include: a. Experience/Qualifications of firm in providing the services described herein.
Offeror shall provide introduction of firm and identify history, experience and subcontractors that will be involved in providing the required services relevant to VCCS’s needs and requirements.
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Offeror shall demonstrate a minimum of five (5) years experience in onboarding and off boarding system solutions.
Offeror shall identify clients represented in the past two (2) years in which similar services were provided as well as three (3) current clients. Provide contact information, to include name, address, telephone number(s), email address, etc.
b. Qualifications and Experience of Personnel.
4.
Offeror shall identify direct qualifications and experience of all personnel proposed for assignment to the project.
Offeror shall identify professional personnel.
Personnel must have, at a minimum. Five (5) years experience.
Offeror shall include a staffing plan and resumes of all personnel assigned to the project, specifically identifying the project manager or lead.
Specific methodology and plans for providing the requested services including: a. Methodology and/or how company is designed to provide the services requested in the Statement of Needs:
Detailed proposal identifying approach for providing the requirements outlined in the RFP. The information provided must be in sufficient detail to convey to the evaluation committee the Offeror’s knowledge of the subjects and skills necessary to perform the services as described in the RFP.
What, when and how the services will be performed.
List of proposed equipment/goods/software/etc. including operating parameters, illustrations, etc.
b. Proposed time frame for completion . 5.
Proposed Price. Offerors are required to provide a total cost proposal for the initial term of the contract. Proposed costs shall include all software, maintenance, implementation, training, integration, and travel costs for their solution and services. One-time charges must be detailed as non-recurring costs. Maintenance charges should be expressed as annual charges. Any additional charges above the annual maintenance costs should be listed in detail. Offeror’s proposed costs associated with services rendered should produce an economy of scale considering the number of colleges that may utilize the contract – see Section XI of the RFP.
6.
Small Business Subcontracting Plan – Summarize the planned utilization of DMBE-certified small businesses which include businesses owned by women and minorities, when they have received DMBE small business certification, under the contract to be awarded as a result of this solicitation. Complete Attachment 2. 8
7.
State Corporation Commission Form: Offerors organized or authorized to transact business in the Commonwealth of Virginia is required to include in its proposal the identification number issued by the State Corporation Commission (SCC). Complete Attachment 3.
8.
IDENTIFICATION OF BID/PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope or package, sealed and identified by affixing the label below to the outside of the sealed envelope/package.
SEALED PROPOSAL: DELIVER TO PURCHASING OFFICE UNOPENED From: RFP# VCCS-HR-15-053 Name of Offeror
HR ONBOARDING & OFF BOARDING SOLUTION
V. EVALUATION AND AWARD CRITERIA A. EVALUATION CRITERIA: Proposals shall be evaluated by the VCCS using the following criteria: Evaluation Criteria
Weight
Experience and qualifications of the Offeror and of the personnel proposed for this project
30
Specific methodology and/or how company is designed to provide the requested services.
30
Proposed Price
20
Small Business Subcontracting Plan
20
TOTAL
100
B. AWARD OF CONTRACT: Selection shall be made of two or more Offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the agency shall select the Offeror which, in its opinion, has made the best proposal, and shall award the contract to that Offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to 9
that Offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated. VI. REPORTING AND DELIVERY INSTRUCTIONS A. The contractor shall provide a monthly progress report to a designated VCCS staff person outlining the following: 1. The specific tasks completed pursuant to the provisions of the contract and the completion dates of such tasks. 2. The projected completion dates for the remaining specific tasks required by the contract. 3. Subcontractors spend data and compliance with Small Business Subcontracting Plan. B. At least two (2) weeks prior to the submission of the final report, the contractor shall present a preliminary draft of the final report to the Human Resources Director or designee. The agency shall have the right to modify and/or to require additional elaboration as it deems necessary to insure a comprehensive and thorough written study of all work required by the contract. VII.
PRE-PROPOSAL CONFERENCE No Pre-Proposal Conference is scheduled.
VIII.
GENERAL TERMS AND CONDITIONS
A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds 10
into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. F. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract. 11
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND RFPs: Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal. I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. J. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363) 2. To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated: 12
(1)
To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or
(2)
To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.
b.
The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.
3.
Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.
4.
The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.
K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.
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N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth. O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
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P.
DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.
Q. TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K. R. USE OF BRAND NAMES: (Omitted for services contracts) S. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. T. INSURANCE: By signing and submitting a proposal under this solicitation, the offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS: 1.
Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.
2.
Employer’s Liability - $100,000.
3.
Commercial General Liability - $1,000,000 per occurrence and $2,000.000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.
.4.
Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.) Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate 15
Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) $1,725,000 per occurrence, $3,000,000 aggregate (Limits increase each July 1 through fiscal year 2031, as follows: July 1, 2013 - $2,100,000, July 1, 2014 - $2,150,000. This complies with Code of Virginia § 8.01-581.15. Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days. V. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. W. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business 16
with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected. Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows: a. For orders issued July 1, 2011 thru December 31, 2013, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order. b. For orders issued January 1, 2014 and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order. For orders issued prior to July 1, 2011 the vendor transaction fees can be found at www.eVA.virginia.gov. The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. Y. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Z. SET-ASIDES: This solicitation is set-aside for DMBE-certified small business participation only when designated “SET-ASIDE FOR SMALL BUSINESSES” in the solicitation. DMBE-certified small businesses are those businesses that hold current small business certification from the Virginia Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. For purposes of award, bidders/offerors shall be deemed small businesses if and only if they are certified as such by DMBE on the due date for receipt of bids/proposals. AA. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offer prices in US dollars. BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public
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body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. IX. SPECIAL TERMS AND CONDITIONS The following Special Terms and Conditions will be incorporated into any contract resulting from this solicitation. If an Offeror includes any other terms and conditions in its proposal, the VCCS reserves the right to accept or reject any such terms and conditions, to modify them through the negotiation process, and/or to consider those in the evaluation scoring of the proposals. A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. B. AUTHORIZED USERS: This procurement is being conducted on behalf of the Virginia Community College System including all twenty-three (23) colleges and the System Office. Any of the VCCS colleges or the System Office may place orders using this contract. C. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. D. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. E. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. F. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE: 1. It is the goal of the Commonwealth that 40% of its purchases be made from small businesses. This includes discretionary spending in prime contracts and subcontracts. All potential bidders/offerors are required to submit a Small Business Subcontracting Plan. Unless the bidder/offeror is registered as a DMBE-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to DMBE-certified small businesses. This shall not exclude DMBE-certified womenowned and minority-owned businesses when they have received DMBE small business certification. 18
No bidder/offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Department of Minority Business Enterprise (DMBE) by the due date for receipt of bids or proposals. If small business subcontractors are used, the prime contractor agrees to report the use of Small business subcontractors by providing the purchasing office at a minimum the following information: name of small business with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided. 2. Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution on a monthly basis, evidence of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the small business subcontracting plan. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product or service provided. Payment(s) may be withheld until compliance with the plan is received and confirmed by the agency or institution. The agency or institution reserves the right to pursue other appropriate remedies to include, but not be limited to, termination for default. 3. Each prime contractor who wins an award valued over $200,000 shall deliver to the contracting agency or institution on a monthly basis, information on use of subcontractors that are not DMBEcertified small businesses. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, and type of product or service provided. G. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement. H. SERVICE PERIOD (ROUTINE): Contractor shall provide 24 hour toll-free phone support with an hour return call response time. On-site maintenance services shall carry an hour response time following initial notification and be available during the normal working hours of 8 A.M. to 5 P.M. Monday through Friday, excluding state holidays. All necessary repairs or corrections shall be completed within hours of the initial notification.
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I. eVA BUSINESS-TO-GOVERNMENT CONTRACTS AND ORDERS: It is anticipated that the contract will result in multiple purchase orders (i.e., one for each delivery requirement) with the eVA transaction fee specified below assessed for each order. a. For orders issued prior to August 16, 2006, the Vendor Transaction Fee is 1%, capped at a maximum of $500 per order. b. For orders issued August 16, 2006 thru June 30, 2011, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, Capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 1%, Capped at $1,500 per order. c. For orders issued July 1, 2011 thru June 30, 2013, the Vendor Transaction Fee is: (i)
DMBE-certified Small Businesses: 0.75%, Capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, Capped at $1,500 per order. d. For orders issued July 1, 2013, and after, the Vendor Transaction Fee is: (i) DMBE-certified Small Businesses: 1%, Capped at $500 per order. (ii) Businesses that are not DMBE-certified Small Businesses: 1%, Capped at $1,500 per order.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes. The eVA Internet electronic procurement solution, website portal www.eva.virginia.gov , streamlines and automates government purchasing activities in the Commonwealth. The portal is the gateway for vendors to conduct business with state agencies and public bodies. Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet e-procurement solution and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or index page catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog Interchange Format (CIF) Specification that can be accessed and PIM 98-030 B-29 downloaded from www.eVA.virginia.gov. Contractors should email Catalog or Index Page information to
[email protected]. J. RENEWAL OF CONTRACT: After the initial contract term, this contract may be renewed by the Commonwealth for two (2) successive one (1) year periods under the terms and conditions of the original contract except as stated in 1. and 2. below. Price increases may be negotiated only at the time 20
of renewal. Written notice of the Commonwealth’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period. 1. If the Commonwealth elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the Information Technology, Hardware and Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. 2. If during any subsequent renewal periods, the Commonwealth elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Information Technology, Hardware and Services category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. K. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense. L. LATEST SOFTWARE VERSION: Any software product(s) provided under the contract shall be the latest version available to the general public as of the due date of this solicitation. M. MAINTENANCE: Upon expiration of the specified warranty period and at the Commonwealth’s option, the contractor shall provide up to additional one-year periods of on-site maintenance (including labor, parts, and travel) at the prices set forth in the pricing schedule. Maintenance shall not include external electrical work, providing supplies, and adding or removing accessories not provided for in the contract. Maintenance shall also not include repairs of damage resulting from: acts of God, transportation between state locations, negligence by state personnel, or other causes not related to ordinary use in the production environment in which installed. Each successive year of maintenance may be ordered by the Commonwealth in writing at least days prior to expiration of the existing maintenance period. N. SERVICE PERIOD (ROUTINE): Contractor shall provide 24 hour toll-free phone support with an hour return call response time. On-site maintenance services shall carry an hour response time following initial notification and be available during the normal working hours of 8 A.M. to 5 P.M. Monday through Friday, excluding state holidays. All necessary repairs or corrections shall be completed within hours of the initial notification. O. THIRD PARTY ACQUISITION OF SOFTWARE: The contractor shall notify the procuring agency in writing should the intellectual property, associated business, or all of its assets be acquired by a third party. The contractor further agrees that the contract’s terms and conditions, including any and all license rights and related services, shall not be affected by the acquisition. Prior to completion of the acquisition, the contractor shall obtain, for the Commonwealth’s benefit and deliver thereto, the assignee’s agreement to fully honor the terms of the contract.
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P. EXCESSIVE DOWNTIME: Equipment or software furnished under the contract shall be capable of continuous operation. Should the equipment or software become inoperable for a period of more than 24 hours, the contractor agrees to pro-rate maintenance charges to account for each full day of inoperability. The period of in operability shall commence upon initial notification. In the event the equipment or software remains inoperable for more than three (3) consecutive calendar days, the contractor shall promptly replace the equipment or software at no charge upon request of the procuring agency. Such replacement shall be with new, unused product(s) of comparable quality, and must be installed and operational within three (3) days following the request for replacement. Q. CONTINUITY OF SERVICES: a. The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees: (i) To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor; (ii) To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and (iii) That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor. b. The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval. c. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the Contract Officer in writing prior to commencement of said work. R. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance withTitles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.
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S. E-VERIFY PROGRAM: EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify. T. NONVISUAL ACCESS TO TECHNOLOGY: All information technology which, pursuant to this agreement, is purchased or upgraded by or for the use of any State agency or institution or political subdivision of the Commonwealth (the “Technology”) shall comply with the following nonvisual access standards from the date of purchase or upgrade until the expiration of this agreement: (i)
effective, interactive control and use of the Technology shall be readily achievable by nonvisual means;
(ii)
the Technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom any blind or visually impaired user of the technology interacts;
(iii) Nonvisual Access Technology shall be integrated into any networks used to share communications among employees, program participants or the public; and (iv)
the Technology for nonvisual access shall have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. Compliance with the foregoing nonvisual access standards shall not be required if the head of the using agency, institution or political subdivision determines that (i) the Technology is not available with nonvisual access because the essential elements of the Technology are visual and (ii) nonvisual equivalence is not available.
Installation of hardware, software or peripheral devices used for nonvisual access is not required when the Technology is being used exclusively by individuals who are not blind or visually impaired, but applications programs and underlying operating systems (including the format of the data) used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices. If requested, the Contractor must provide a detailed explanation of how compliance with the foregoing nonvisual access standards is achieved and a validation of concept demonstration. The requirements of this Paragraph shall be construed to achieve full compliance with the Information Technology Access Act, §§ 2.2-3500 through 2.2-3504 of the Code of Virginia.
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U. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the Offeror(s) may be asked to submit in writing, a Best And Final Offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the Offeror(s). The Offeror’s proposal will be rescored to combine and include the information contained in the BAFO. The decision to award will be based on the final evaluation including the BAFO. X.
METHOD OF PAYMENT The Contractor will be paid in accordance with the Commonwealth of Virginia Department of Accounts’ (DOA) Prompt Payment Act upon delivery and acceptance of goods/services. A valid invoice, sufficiently detailed to allow review and verification of services, shall be submitted to Accounts Payable, 101 North 14th Street, 16th Floor, Richmond, VA 23219 by the tenth of the month following the month of service. Travel Reimbursements shall be subject to the Commonwealth of Virginia’s per diem and travel rates (per CAPP Topics 20335 and 20336). Travel reimbursement will only be made to the Contractor for travel included in the scope of work and approved in advance by the ordering entity. Upon acceptance of the quote the ordering agency will issue an eVA purchase order for travel reimbursement
XI.
PRICING SCHEDULE 1. Offerors are to submit a detailed cost to provide the VCCS with a fully operational and functional onboarding and off boarding system solution. Proposed costs are to include, if any: (i) software license fees, (ii) installation/integration costs, (iii) training costs, (iv) maintenance costs, (v) technical support/customer service, and (vi) other costs (describe). Offerors should differentiate all costs clearly so that they may be properly evaluated without interpretation. 2. Offerors are to provide a detail total cost for the initial three (3) years of the contract. Proposed cost should be a lump sum total cost for the three (3) years. 3. Offerors shall clearly state in the proposal the basis of their price quote, i.e., “per user”; site license, etc. 4. Offerors are encouraged to include pricing incentives that produce an economy of scale consistent with the number of colleges and amount of work engaged under this contract
XII. ATTACHMENTS The following attachments must be completed and submitted as part of the proposal. 1. Vendor Data Sheet – Attachment 1 2. Small Business Subcontracting Plan – Attachment 2 3. Virginia State Corporation Commission (SCC) Form – Attachment 3
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Attachment 1 – Vendor Data Sheet Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive. (In the case of a two-step IFB, it may cause the proposal portion to be determined to be not acceptable.) 1.
Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.
2.
Vendor’s Primary Contact: Name: _________________________
3.
email: _____________________
Years in Business: Indicate the length of time you have been in business providing this type of good or service: __________ Years
4.
Phone: ____________
________ Months
Vendor Information: eVA Vendor ID or DUNS Number: ________________________________
5.
Indicate below a listing of at least four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, address, and telephone number of the point of contact. A.
Company:_________________________________Contact: ____________________________________ Phone:(_____)______________________________ email: ________________________________ Project:_____________________________________________________________________________ Dates of Service: _________________________________$ Value: _______________________
B.
Company________________________________ Contact: ____________________________________ Phone:(_____)___________________________ email: _________________________________ Project:______________________________________________________________________________ Dates of Service: _________________________________$ Value: ________________________
C.
Company:________________________________ Contact: ____________________________________ Phone:(_____)______________________________email: _________________________________ Project:______________________________________________________________________________ Dates of Service: _________________________________$ Value: ________________________
D.
Company:_________________________________Contact: ____________________________________ Phone:(_____)______________________________email: _________________________________ Project:______________________________________________________________________________ Dates of Service: _________________________________$ Value: _______________________
I certify the accuracy of this information. Signed: ____________________________________Title: ________________________________ Date: _______________
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Attachment 2 - Small Business Subcontracting Plan
Definitions Small Business: "Small business " means an independently owned and operated business which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. Note: This shall not exclude DMBE-certified women- and minority-owned businesses when they have received DMBE small business certification. Women-Owned Business: Women-owned business means a business concern that is at least 51% owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or noncitizens who are in full compliance with the United States immigration law. Minority-Owned Business: Minority-owned business means a business concern that is at least 51% owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. All small businesses must be certified by the Commonwealth of Virginia, Department of Minority Business Enterprise (DMBE) by the due date of the solicitation to participate in the SWAM program. Certification applications are available through DMBE online at www.dmbe.virginia.gov (Customer Service). Offeror Name: _____________________________________________ Preparer Name: ________________________________________
Date: ____________________
Instructions A. If you are certified by the Department of Minority Business Enterprise (DMBE) as a small business, complete only Section A of this form. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification. B. If you are not a DMBE-certified small business, complete Section B of this form. For the offeror to receive credit for the small business subcontracting plan evaluation criteria, the offeror shall identify the portions of the contract that will be subcontracted to DMBE-certified small business in this section. Points will be assigned based on each offeror’s proposed subcontracting expenditures with DMBE certified small businesses for the initial contract period as indicated in Section B in relation to the offeror’s total price. Section A If your firm is certified by the Department of Minority Business Enterprise (DMBE), are you certified as a (check only one below): ______ Small Business ______ Small and Women-owned Business ______ Small and Minority-owned Business Certification number: __________________________Certification Date:___________________________
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Section B Populate the table below to show your firm's plans for utilization of DMBE-certified small businesses in the performance of this contract. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc.
B. Plans for Utilization of DMBE-Certified Small Businesses for this Procurement Small Business Name & Address DMBE Certificate #
Status if Small Business is also: Women (W), Minority (M)
Contact Person, Telephone & Email
Type of Goods and/or Services
Totals $
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Planned Involvement During Initial Period of the Contract
Planned Contract Dollars During Initial Period of the Contract
Attachment 3 - State Corporation Commission Form Virginia State Corporation Commission (SCC) registration information. The bidder: is a corporation or other business entity with the following SCC identification number: ____________ -OR is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. **NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):
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